Driving under the influence (DUI) is never a smart idea. But DUI charges when there’s a prior record on file — that’s a whole other game.
A second or third DUI charge isn’t treated like a simple traffic violation. It’s not like that by any means with a first offense either — regardless of how often some judge suggests DUI doesn’t happen to ‘normal people.’
But when facing a second or subsequent offense, the stakes go up considerably. Convictions become felonies. Loss of a licence is guaranteed. Penalties escalate rapidly. And the police, DAs, and judges start taking notice.
HOWEVER…
A second DUI charge isn’t automatic, like most people think.
A second DUI charge is entirely manageable with quality legal representation on board.
Table of Contents
- Why a Repeat DUI Offense Is Different
- What Exactly Does a DUI Lawyer Do?
- Costs of Ineffective DUI Defense
- Actual DUI Defense Strategies
- Finding the Right DUI Attorney
Why a Repeat DUI Offense Is Different
Repeat DUI offenders aren’t rare.
Nearly one out of every three DUI arrests is someone who already has DUI on their record. The number gets higher with each additional arrest.
A first offense is simple — just pay the fine, lose a licence for a few months, maybe do some community service or probation, and try not to make the same mistake again.
But as mentioned, when police charge someone with a repeat DUI offense, the punishment is far less forgiving. Prosecutors file tougher charges. Judges have fewer reasons to be lenient. And penalties increase exponentially.
Why?
Research indicated that drivers with a prior DUI conviction were 4.1 times more likely to be involved in a fatal drunk driving crash than drivers charged with DUI for the first time.
Knowing this, judges, prosecutors, and police take second and subsequent DUI charges very seriously. And so should anyone facing that situation.
If you’ve been charged with a second DUI offense in Georgia, speaking with a DUI defense lawyer in Marietta as soon as possible is the right first step to figure out the next move.
What Exactly Does a DUI Lawyer Do?
Honestly, most people misunderstand DUI charges from the start. It feels like common sense. The breathalyzer reading was over the limit. The driver was impaired. What’s there to defend?
When a DUI attorney gets involved, things change. Here’s how…
DUI attorneys fight DUI charges every day. While the arresting officer and DA believe this is open-and-shut, a lawyer will work long before court day to poke holes in the DUI allegations.
Some ways a lawyer can defend against DUI include:
- Reviewing the reason the driver was pulled over. Did police even have reason to make that stop? If not, they don’t have a case.
- Holding the prosecution to factual breathalyzer results. Breathalyzers aren’t foolproof. Machines must be calibrated correctly and maintained by police departments. Lawyers know how to dig up problems with machines.
- Reviewing performance on field sobriety tests. Field sobriety tests have plenty of influences. Bad knees, an uneven road, headlights can all cause false positives on these tests.
- Looking for procedural errors. Police officers must abide by strict rules and procedures when making a DUI arrest. Any reasonable mistake can be used to throw out evidence.
Rather than searching for ways to wiggle out of charges, experienced DUI attorneys attack cases by ensuring proper procedures were used at every step of the arrest. That’s due process — and it’s something everyone is entitled to.
The best DUI attorneys in Georgia can negotiate with prosecutors to reduce charges or drop critical evidence long before a case ever sees the inside of a courtroom. Without that kind of preparation, defendants are left vulnerable.
Costs of Ineffective DUI Defense
Here’s something else people often overlook…
Hiring a bad DUI lawyer can cost far more than expected.
While someone may save a few dollars by opting for an inexperienced DUI lawyer, here’s what’s actually at stake:
- Loss of a driver’s license (or the ability to get one in the future)
- Jail time — which is a near guarantee for second and third offenses
- A lifelong felony on record
- Substantial insurance hikes (or loss of coverage)
- Professional license suspensions
- Lost career opportunities
…and just the base fines for a DUI conviction.
DUI recidivism rates fall anywhere from 21% to 47%, depending on who’s doing the study and where they are located. Courts and prosecutors expect re-offending. But a lazy or inexperienced lawyer won’t know how to stop that narrative.
A bad DUI case doesn’t just impact a defendant during the sentence. When applying for apartments, jobs, and more, that DUI will always be there — hanging over and dictating options.
Actual DUI Defense Strategies That Work
Effective DUI defenses require a strategic approach to DUI charges.
There’s no magic trick or hidden loophole. But there are legitimate strategies that can help move the needle in the right direction.
Examining the validity of the initial traffic stop is often a great place to start. If police had no reason to make a stop, then they have no reason to collect any evidence. If there’s no evidence, there’s no case.
Breathalyzers can also be challenged in court. Machines require upkeep. Software must be up-to-date. And even police officers need training on how to correctly administer tests. Questioning the machine itself and the officer’s knowledge can sometimes get results suppressed.
Once police make a DUI arrest, any missteps on their part become fair game for an attorney to use against them. DUI arrests require very specific action on behalf of law enforcement. Fail to follow procedure, and an attorney can use that to the defendant’s advantage.
Finally, attorneys can sometimes negotiate with prosecutors to reduce charges if evidence has certain gaps.
Prosecutors see DUI cases all the time — around 29% of convicted drunk drivers are repeat offenders. That means DUI attorneys are negotiating with prosecutors daily.
When evidence is weak, some prosecutors will reduce charges to avoid uphill battles in court.
Not every strategy works for every case. But good DUI attorneys know which strategies apply and when to use them.
How to Choose the Right DUI Attorney
When in a pinch for legal help, it can be tempting to go with the first lawyer found. But that’s never a good idea — especially with DUI charges.
Here are a few things to look for when hiring an attorney:
- Experience in DUI cases specifically. Criminal defense is not the same as DUI defense.
- Familiarity with the local courthouse. Attorneys who practice often in the area have relationships with prosecutors and judges. They know how to handle certain situations and what to expect long before the client does.
- Past experience with repeat DUI offenses. A proven track record with similar cases goes a long way.
- Responsiveness. Speaking with a lawyer and getting a feel for how they explain things and how easy it is to reach them matters. The right attorney explains everything in plain terms and is available when questions arise — not just at signing time.
Approximately 1 in 3 people with DUI convictions will be arrested for another DUI within two years. The courts know DUI offenders are likely to re-offend. It’s how they approach every case.
An attorney who not only understands this but knows how to fight back with a rock-solid defense strategy is what makes the real difference.
Wrap Up
Nobody gets a second chance to make a first impression. DUI is no different.
Repeat DUI offenses are serious business. Depending on where the offense occurs, multiple DUI convictions can actually qualify as a felony on record.
Like a first offense, all hope is not lost. What’s needed is a DUI attorney who knows the local laws and has experience with multiple DUI arrests.
Remember: The outcome of a case isn’t already decided until stepping foot in that courtroom. A good DUI lawyer ensures no one walks into court unprepared.